2. Jurisdiction:
The Court has jurisdiction of this
action pursuant to 28 U.S.C. §1345 and 42 U.S.C. §1973aa-2. In
accordance with the provisions of 42 U.S.C. §1973aa-2 and 28
U.S.C. §2284, the Section 203 claim must be heard and determined
by a court of three judges.

3. Defendant SAN DIEGO COUNTY is a political and
geographical subdivision of the State of California.

4. Defendant SALLY MCPHERSON is the Registrar of Voters
of San Diego County. In her capacity as Registrar of Voters,
Defendant MCPHERSON has responsibilities concerning the
administration of voting and elections in San Diego County.
Defendant McPherson is a resident of San Diego County, and is
being sued in her official capacity as Registrar of Voters.

5. Defendant SAN DIEGO COUNTY BOARD OF SUPERVISORS is the
primary budgetary authority for the County and for the Registrar
of Voters of San Diego County.

6. According to the 2000 Census, San Diego County had a
total population of 2,813,833 persons, of whom 750,965 (26.7%)
were Hispanic persons and of whom 121,147 (4.3%)were of Filipino
heritage; and a total citizen voting-age population of 2,093,080
persons, of whom 476,655(22.7%) were Hispanic persons and of
whom 103,325(4.9%) were of Filipino heritage.

7. According to the 2000 Census, 65,520(23%) of Hispanic
voting-age citizens and 17,155(22%) of Filipino voting age
citizens in San Diego County had limited English proficiency.

8. San Diego County is subject to the requirements of
Section 203 for the Spanish and Filipino (Tagalog) languages, as
designated by the Director of the Census. The Director
determined, based on the 2000 Census, that more than 10,000 of
San Diego County's voting-age citizens are members of a single
language minority group (Spanish heritage and Filipino,
respectively) who do not speak or understand English well enough
to participate in the English-language election process and have
an illiteracy rate that is higher than the national illiteracy
rate. 42 U.S.C. §1973aa-1a(b)(2). The determination of the
Census Bureau that San Diego County is covered by Section 203
for Spanish and Tagalog is final and non-reviewable. 42 U.S.C.
§1973aa-1a(b)(4).

9. San Diego County has been continuously required under
Section 203 to provide bilingual elections in Spanish since
September 18, 1992, 57 Fed. Reg. 43213; and to those of
Filipino heritage since July 26, 2002, 67 Fed. Reg. 48871. In
San Diego, the dominant Filipino language is Tagalog.

10. The Department of Justice has directly notified
election officials, including Defendant McPherson, in all
jurisdictions covered under Section 203 and has provided
information regarding the requirements of Section 203.

11. Because San Diego County is subject to the
requirements of Section 203, "any registration or voting notice,
forms, instructions, assistance, or other materials or
information relating to the electoral process, including
ballots" that Defendants provide in English must also be
furnished in Spanish and Tagalog. 42 U.S.C. §1973aa-1a.

12. Defendants have not provided effective
election-related materials, information, and/or assistance in Spanish or
Tagalog to limited English proficient Hispanic and Filipino
citizens as required by Section 203 of the Voting Rights Act,
including, but not limited to, the following:

a. failing to make
available in Spanish and Tagalog
an audible version of the ballot for the March 2, 2004 federal
primary election such as was made available in English for
voters unable to read the ballot;
b. failing to provide an adequate pool of bilingual
poll officials capable of providing Hispanic and Filipino
citizens with effective language assistance at certain polling
places where such assistance was necessary;

c. failing to make available in Spanish and Tagalog
certain election-related announcements, instructions, and
notices at election sites;
d. failing to translate into Spanish and Tagalog
certain election-related information, including but not limited
to information contained in legal notices publicizing elections
and materials available to the general public on the Internet
website of the Registrar of Voters.

14. Unless enjoined by this Court, Defendants will
continue to fail to comply with Section 203 in future elections
by failing to provide limited English proficient Hispanic and
Filipino citizens of San Diego County with Spanish-language and
Tagalog-language election information and assistance necessary
for their effective political participation.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff the United States of America prays that
this Court enter an order:

(1) Declaring that Defendants have failed to provide
certain election information and assistance necessary
to those who require it in Spanish or Tagalog in
violation of Section 203 of the Voting Rights Act, 42
U.S.C. §1973aa-1a;

(2) Enjoining Defendants, their employees, agents, and
successors in office, and all persons acting in
concert with them, from failing to provide Spanish-language and Tagalog-language
election information and
assistance to persons with limited English proficiency
as required by Section 203, 42 U.S.C. §1973aa-1a;

(3) Requiring Defendants to devise and implement a
remedial plan to ensure that Spanish-speaking and
Tagalog-speaking citizens are able to participate in
all phases of the electoral process as required by
Section 203 of the Voting Rights Act, 42 U.S.C. §1973aa-1a;

(4) Authorizing the appointment of Federal examiners for
elections held in San Diego County pursuant to Section
3(a) of the Voting Rights Act, 42 U.S.C. §1973a(a),
through December 31, 2006.

Plaintiff further prays that this Court order such
additional relief as the interests of justice may require,
together with the costs and disbursements in maintaining this
action.